CLU 3M0 � Understanding Canadian Law by 344627J4

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									    Canadian Charter of Rights and Freedoms Debate




Debate:

        Debate is a discussion, as of a public question, involving opposing viewpoints. It is a formal contest in
which the affirmative and negative sides of a proposition are advocated by opposing speakers. In this assignment
you, and a partner(s), will choose a topic to debate, research, and present this information in a formal scholarly
debate.

Debate Rules:

The Debate will be between 15 to 20 minutes in length. The main focus will be the Canadian Charter of Rights
              and Freedoms. However, additional facts, quotes, and statistics may be included. There will be
              approximately 2-3 members on each side.

1. The debate will commence with an opening statement by a member on the pro (or affirmative) side. The Pro
   side of the debate agrees with the statement. They will state their position and include at least two Charter
   sections to support this position. This should be between 2-3 minutes in length.

2. A member from the con side will then present their opening statement. This opening statement is not meant
   to be a rebuttal. They will state their position and include at least two Charter sections to support their
   position. This should be between 2-3 minutes in length.

3. Upon completion of the opening statements:

    a. The second member of the pro side will present the main arguments in greater detail. Much of this can be
       anticipated and will have been prepared during your class work periods. Remember to focus on the
       Charter.

    b. The second member of the con side will present the main arguments in greater detail. Much of this can be
       anticipated and will have been prepared during your class work periods. Remember to focus on the
       Charter.

    c. The third member (if there is one) of the pro side will present a rebuttal of the con side’s arguments (this
       should be approximately two minutes in length). Once again, much of this can be anticipated and will
       have been prepared during the class work periods. Remember to focus on the Charter.

    d. The third member (if there is one) from the con side will present a rebuttal of the pro side’s arguments
       (this should be approximately two minutes in length). Much of this can be anticipated and prepared
       during your two class work periods. Remember to focus on the Charter.

4. There will be a short question period in which members of the class can pose questions to either side in the
   debate (approximately five minutes in length).

5. A closing statement will be given by the pro side.

6. A closing statement will be given by the con side.
Debating Review Sheet

       As part of their legal training, all law students must demonstrate their ability to make clear,
insightful verbal arguments. This activity will enable you to refine such skills.

What is a debate?
       A debate is a verbal dispute about an issue. By debating an issue, the participants agree to
present arguments for and against the issue. The issue or topic being debated is presented in the form
of a resolution.

       This is a formal activity and as such all comments and arguments must be geared towards the
issue and not the individuals arguing the issue. Students are encouraged to choose topics that they do
not take a personal interest in. This will allow them to remain unbiased and neutral during the debate.

      Both sides are given set times during which to present their cases for or against the resolution.
Each debating team consists of approximately 3 members. They will support the resolution. The other
three members from the con side with argue against the resolution.

Outline:

             Intro: Pro (first speaker)                       2 minutes
             Intro: Con (first speaker)                       2 minutes
             Main Points: Pro (second speaker)                2-3 minutes
             Main Points: Con (second speaker)                2-3 minutes
             Rebuttal: Pro (third speaker)                    2 minutes
             Rebuttal: Con (third speaker)                    2 minutes
             Class Questions for either side                  5 minutes
             Conclusion: Closing argument (pro side)          1 minute
             Conclusion: Closing argument (con side)          1 minute

      The Third speeches serve as rebuttals or responses to any of the arguments made during the
debate. In the Canadian common and civil law traditions, this type of debating occurs in courtrooms
across Canada. The Crown assumes the role of the Pro team. The defence assumes the role of the Con
team. Each side uses evidence and rhetoric to persuade the justice of the validity of their arguments;
however, an engaging speaking style must be accompanied by legal analysis, demonstrating
understanding of the issue of freedom of expression, and knowledge of how the Charter may be applied.

Debating Checklist:



Once each task is completed, please place a checkmark beside each statement.

__________    Roles have been assigned to each group member in your Pro/Con team.
__________   Each group member contributes ideas, evidence, and solutions to the debate preparation.
__________   Each group member works in a cooperative, respectful manner.
__________   Each group member has developed a clear introduction to support or oppose the
             resolution.
__________   Each group member has gathered evidence to support or oppose the resolution (e.g.
             examples, illustrations, data, facts, figures).
__________   Each group member has developed a conclusion.
__________   The first speaker has developed a preliminary rebuttal.
__________   During practices, each group member abides by the time requirements.
__________   During practices, each group member speaks in a clear, engaging manner. Poise,
             enthusiasm, and audience connection are also evident.
                     Rights and Freedoms Debate
                                         A Thinking and Application evaluation
Category                Level four          Level Three       Level Two                Level One             No level
                        80-100%               70-79%           60-69%                   50-59%               assigned
    Thinking
  (Arguments)
                           The                  The          The Introduction       The Introduction            The
 Introduction         Introduction        Introduction is      demonstrates          demonstrates a        Introduction
demonstrates a       demonstrates a        considerably      some approach to       limited approach      demonstrates
thoughtful and       thoughtful and        engaging and       the topic and is     to the topic and is        no real
   engaging             engaging         shows a distinct        somewhat            not particularly    approach to the
approach to the      approach to the     approach to the          engaging              engaging         topic and is not
     topic                topic                topic                                                         engaging

      Main           Main arguments      Main arguments      Some of the main       Few of the main      Few or None of
 arguments are         are directly       are related to      arguments are          arguments are       the arguments
 directly related     related to the      the topic and        related to the         related to the      are related to
to the topic and      topic and law            law             topic and law         topic and law        the topic and
       law                                                                                                     law

  Conclusion           Conclusion:         Conclusion:         Conclusion:           Conclusion:         Conclusion: no
 demonstrates         Strong overall       Good overall        Satisfactory         Limited overall      real argument
  the overall           argument            argument         overall argument         argument
   argument

     /30
  Application
    (of law)

      Main           Demonstrates a       Demonstrates        Demonstrates           Demonstrates        Demonstrates a
 arguments are         great deal of       considerable        some effort in       limited effort in     lack of effort in
well supported            effort in           effort in      applying relevant     applying relevant         applying
with evidence or         applying            applying             law and               law and          relevant law and
  references to      relevant law and    relevant law and    references to the     references to the     references to the
 the Canadian        references to the   references to the        Charter               Charter               Charter
    Charter /             Charter             Charter
 Criminal code

    Rebuttals
reflect an ability   Rebuttals reflect   Rebuttals reflect    Rebuttals reflect     Rebuttals reflect    Rebuttals reflect
     to apply        a strong ability     some ability to    an ability to apply    a limited ability       little or no
   research in           to apply         apply research        research in        to apply research      ability to apply
  refuting the         research in        in refuting the       refuting the         in refuting the        research in
   oppositions         refuting the         oppositions         oppositions            oppositions         refuting the
      claims           oppositions            claims               claims                claims            oppositions
                          claims                                                                               claims
 (Presentation)
 Arguments are       Appropriate and      Arguments are       Some arguments        Few arguments         Few or None of
 presented in a         thoroughly        presented in a     are presented in a    are presented in a     the arguments
manner that is          persuasive       manner that is        manner that is       manner that is       are presented in
appropriate and       Arguments are      appropriate and      appropriate and       appropriate and       a manner that
   persuasive            presented          persuasive           persuasive            persuasive         is appropriate
                                                                                                         and persuasive
     /30
Debate Topics:
    1. Capital punishment should be the penalty for all persons convicted on 1 st degree murder.
Pro: Farrah, Shriya, Liza             Con Shawn, Riley

    2. Euthanasia should be a legal option for all individuals with terminal illnesses.
Pro Jordan, Megan                       Con Andrew, Zainab, Zaighem

    3.   Same sex adoption should be illegal throughout Canada.

    4.   Performing an abortion should be illegal throughout Canada.

    5.   Uniforms should be mandatory at Port Credit Secondary School

    6.   The Catholic School board should be shut down and all Catholic schools should be made into public schools.

    7.   Impaired drivers should be charged with attempted murder or (attempted vehicular homicide).

    8.   Smoking tobacco should be illegal throughout Canada.

    9.   Smoking Marijuana should be legal throughout Canada.

    10. Prostitution should be illegal throughout Canada.
        Pro: Sladjana, Neguina, Gurkiran Con: Tyrell, Tupac, Quortez

    11. Students must maintain a 70% average to be allowed to stay in public school.

    12. All Canadians must serve a minimum of 1 year in the armed forces after high school prior to attending post secondary
        education.

Pro: Jack, Hitesh, Hammad                `Con: Tess, Sristy

								
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